NY State Senate Bill 2015-S5156

Senate Bill S5156

2015-2016 Legislative Session

Relates to the aggravated harassment of an employee by a patient in a state forensic psychiatric institution

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jun 25, 2015	recommitted to rules
Jun 08, 2015	ordered to third reading cal.1376 committee discharged and committed to rules
May 05, 2015	referred to codes

Votes

- Jun 8, 2015 - Rules Committee Vote
  S5156
  
  19
  
  Aye
  
  4
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 8, 2015
      
      aye (19)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hannon
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      nay (4)
      
      Hassell-Thompson
      
      Montgomery
      
      Parker
      
      Perkins
      
      aye wr (2)
      
      Gianaris
      
      Krueger

2015-S5156 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §240.32, Pen L

2015-S5156 (ACTIVE) - Summary

Relates to the aggravated harassment of an employee by a patient in a state forensic psychiatric institution.

2015-S5156 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5156

TITLE OF BILL:  An act to amend the penal law, in relation to the
aggravated harassment of an employee by a patient in a state forensic
psychiatric institution

PURPOSE: To amend § 240.32 of the Penal Law, in relation to aggravated
harassment of an employee by a patient in a state forensic psychiatric
institution

SUMMARY OF PROVISIONS: Section 1 of the bill would amend the title of
Penal Law § 240.32 to make it reflective of the proposed amendments.
Section 2 of the bill would amend the first undesignated paragraph of
Penal law § 240.32 to add patients residing in a state forensic
psychiatric institution within the provision of such law. Section 3 of
the bill would amend the second undesignated paragraph of Penal law
240.32 to include the definition of "patient" and to ensure that the
term "facility" is inclusive of a state forensic psychiatric
institution. Section 4 of the bill would amend the third undesignated
paragraph of Penal law § 240.32 to make such paragraph reflective of
the proposed amendments. Section 5 of the bill provides an effective
date of the first of November next succeeding the date on which the
bill shall become a law,

EXISTING LAW: Under current law, patients residing in a state forensic
psychiatric institution operated and maintained by the Office of

Mental health who engage in the misconduct set forth in Penal law
240.32 are not potentially subject to a class E felony for such
behavior

JUSTIFICATION: Under existing law, correctional officers are afforded
the protections of § 240.32 of the Penal Law, which criminalized
certain deplorable behavior that is unfortunately engaged in by many
inmates. Specifically, an inmate who throws feces, urine, seminal
fluid, blood, or the contents of a toilet bowl on a correctional
officer is subject to a criminal charge of aggravated harassment,
which is a class E felony.

Employees who work in New York's forensic psychiatric institutions are
often confronted with similar egregious behavior However, because the
provisions of § 240,32 do not cover patients at a state forensic
psychiatric institution, such behavior is not deemed aggravated
harassment pursuant to the provisions of § 240 32 of the Penal law
This legislation would correct this inequity by providing similar
protections to employees of our state's forensic psychiatric
institutions

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The first day of November next succeeding the date on
which the bill shall become law.

2015-S5156 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5156

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 5, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to the aggravated  harassment
  of  an  employee by a patient in a state forensic psychiatric institu-
  tion

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  240.32  of  the penal law, as amended by section
127-p of subpart B of part C of chapter 62 of the laws of 2011  and  the
opening  paragraph  as  amended  by  chapter 180 of the laws of 2013, is
amended to read as follows:
S 240.32 Aggravated harassment of an employee [by an inmate].
  An inmate [or], respondent OR PATIENT is guilty of aggravated  harass-
ment  of  an employee [by an inmate] when, with intent to harass, annoy,
threaten or alarm a person in a facility,  INCLUDING  A  STATE  FORENSIC
PSYCHIATRIC  INSTITUTION OPERATED AND MAINTAINED BY THE OFFICE OF MENTAL
HEALTH, whom he or she knows or reasonably should know to be an employee
of such facility or the board of parole or the office of mental  health,
or a probation department, bureau or unit or a police officer, he or she
causes  or  attempts  to  cause  such employee to come into contact with
blood, seminal fluid, urine, feces, or the contents of a toilet bowl, by
throwing, tossing or expelling such fluid or material.
  For purposes of this section, "inmate" means an inmate or detainee  in
a  correctional  facility, local correctional facility or a hospital, as
such term is defined in subdivision two of section four hundred  of  the
correction law. For purposes of this section, "respondent" means a juve-
nile in a secure facility operated and maintained by the office of chil-
dren  and  family services who is placed with or committed to the office
of children  and  family  services.    FOR  PURPOSES  OF  THIS  SECTION,
"PATIENT"  MEANS  A  PATIENT  RESIDING  IN  A STATE FORENSIC PSYCHIATRIC
INSTITUTION, REGARDLESS OF THE LENGTH  OF  PATIENT  STAY,  OPERATED  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10835-01-5

S. 5156                             2

MAINTAINED BY THE OFFICE OF MENTAL HEALTH. For purposes of this section,
"facility" means a correctional facility or local correctional facility,
hospital,  as  such  term  is defined in subdivision two of section four
hundred of the correction law, [or] a secure facility operated and main-
tained  by the office of children and family services, OR A STATE FOREN-
SIC PSYCHIATRIC INSTITUTION OPERATED AND MAINTAINED  BY  THE  OFFICE  OF
MENTAL HEALTH.
  Aggravated harassment of an employee [by an inmate] is a class E felo-
ny.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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